Consider Granting Parole To Dacoity-Murder Convict Under Old Rules Applicable At Time Of His Conviction: Rajasthan High Court

The Rajasthan High Court on Tuesday directed the State to consider the parole application of a prisoner under the Rajasthan Prisoners Release on Parole Rules, 1958 (Old Rules) on the ground that the prisoner was convicted prior to the implementation of the Rajasthan Prisoners Release on Parole Rules, 2021.

The division bench of Justice Vijay Bishnoi and Justice Rajendra Prakash Soni observed:

“It is noticed that in the case of Hitesh @ Bavko Shivshankar Dave v. State of Gujarat (Writ Petition (Criminal) No.467/2022), the Hon’ble Supreme Court have concluded that the policy of the State on the date of conviction would be the determinative factor and in case the policy is subsequently liberalized, the same would be taken into consideration while dealing with the application for premature release by the Authorities.”

The petitioner filed the present writ petition being aggrieved with the action of the respondents for not considering his application for releasing him on 40 days regular parole.

The State contended that the petitioner was convicted for the offences punishable under Sections 120 B, 396, 302, 323, 324, 395 of IPC and sentenced for life imprisonment by Sessions Court, Bikaner vide judgment dated August 30, 2017.

It was further contended by the State that Section 396/120B of IPC is prohibited section as per Rule 16 (2) (b) of Rajasthan Prisoners Release on Parole Rules, 2021 (Rules of 2021) and therefore the petitioner is not eligible for grant of parole as he was convicted under the aforesaid provision.

The Counsel appearing for the petitioner submitted that the Rules of 2021 came into force on June 30, 2021, whereas the petitioner was convicted on August 30, 2017, therefore, the application for releasing the petitioner on 40 days parole required to be considered under the Rajasthan Prisoners Release on Parole Rules, 1958 (Rules of 1958) and not under the Rules of 2021.

The Court while relying upon the ratio laid down by Supreme Court in Hitesh @ Bavko Shivshankar Dave v. State of Gujarat, directed the State to consider and decide the application filed by the petitioner for releasing him on 40 days parole in accordance with the rules of 1958 within a period one month.

Case Title: Vijay Kumar @ Khusi Lal v. State Rajasthan & Ors.

Citation: 2023 LiveLaw (Raj) 24

Coram: Justice Vijay Bishnoi and Justice Rajendra Prakash Soni

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